DWP’s Mandatory Reconsiderations have “effectively destroyed” independent Tribunals – Refuted

Last Updated: March 5, 2015By

The Mandatory Reconsideration system, introduced on 28 October 2013, has fundamentally changed the whole appeal process, introducing additional steps and a new Jobcentre Plus structure, according to Dr David Webster on Refuted.

MR has cut the proportion of JSA sanctions which are challenged by claimants from about one third (33%) to about 20-25%. ESA sanction challenges have returned to below their pre-MR level, at about 45%.

The independent element in the system offered by Tribunals has been effectively destroyed, completely in the case of ESA and almost completely for JSA, where only 0.14% of sanction decisions are now being taken to a Tribunal.

MR has had no overall impact on the proportion of JSA sanctions overturned, which remains at about 13%.

But the proportion of ESA sanctions overturned has fallen from about 35% to about 20%.

The most disturbing possibility is that ESA claimants’ medical conditions are rendering them unable to cope effectively with the phone calls made to them by DWP officials at home during the MR process.” [emphasis added]

Visit the Refuted website to download the full report.

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13 Comments

  1. Jeffery Davies March 5, 2015 at 4:19 pm - Reply

    Rtu ids blinder stopping most going to appeal

  2. Dave March 5, 2015 at 4:43 pm - Reply

    If there is a way to beat them then they will change the rules to ensure that they are the winners, bullying and lack of self confidence creates this human condition.

  3. Tony Dean March 5, 2015 at 7:49 pm - Reply

    This latest nastiness was published today:-
    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/409456/esa-repeat-assessment-regs-ssac-report-web.pdf

    Statement by the Secretary of State in accordance with section 174(2) of the Social Security Administration Act 1992
    The Employment and Support Allowance (Repeat Assessments and Pending Appeal Awards) (Amendment) Regulations 2015

    • Sasson Hann March 6, 2015 at 8:39 am - Reply

      I’ve just had a quick look at the document and can’t believe this hasn’t been addressed either in the media or a blog!

      So everyone refused ESA will have no right at all now to be paid up until their appeal date? All must claim JSA? Then they will be subject to JSA conditionality. It also suggests further barriers to appeal. I’ll need to look into this further.

      This is going to bring about many more deaths I think.

      • Tony Dean March 6, 2015 at 12:11 pm - Reply

        The report was only put onto the government website late yesterday.
        I posted the link here and emailed it to a number of interested organisations. They won’t have had time to read it and respond yet.
        But it does need as much dissemination as possible.

      • A-brightfuture March 6, 2015 at 12:24 pm - Reply

        I have a feeling this is not about JSA or ESA.
        IDS wants as many people on Universal Credit as he can.

        Any new fresh JSA within the UC gateway conditions, must sign as a UC claimant.

        Goalposts are changing all the time to suit IDSs vanity projects.

    • Jonathan Wilson March 6, 2015 at 1:52 pm - Reply

      The most damning part of that report is in the first few pages… the committee recommenced that it be delayed. IDS said ***k that, and laid it anyway.

  4. Thomas March 6, 2015 at 5:37 am - Reply

    I don’t ask for much from the government, but a government that didn’t try to starve me to death would be a nice thing.

  5. clouty March 6, 2015 at 1:17 pm - Reply

    Mike, have you seen this? People on ESA found fit for work who loose or don’t appeal are not to be given assessment rate on reclaim… Ignorant Destructive Slaphead takes no notice of Social Security Advisory Committee and implements this secondary legislation… https://www.gov.uk/government/publications/the-employment-and-support-allowance-repeat-assessments-and-pending-appeal-awards-amendment-regulations-2015-si-2015-no-437-ssac-report

    • Tony Dean March 6, 2015 at 4:12 pm - Reply

      That is the same link as I posted here but up one level.

  6. Jonathan Wilson March 6, 2015 at 8:00 pm - Reply

    And it gets worse… http://www.legislation.gov.uk/uksi/2015/345/pdfs/uksi_20150345_en.pdf

    The UC if you earn to much and get your UC cancelled, you can be bared from claiming it again, for I think 6 months, if your earnings go down rule.

    Basically if you are on UC, earn a good wack, then hit hard times you will be expected to have put aside enough to carry you over for six months as instead of UC being based on each months earnings, it will take into consideration past earnings as well.

    There was an article on insidehousing about it, but I think its now a paywalled site to keep the general public out.

    • Gazza March 7, 2015 at 4:28 pm - Reply

      Jonathan

      Want to bet this also applies/is aimed at anyone on Tax Credits?… Say a working Mum who gets and does overtime. Claim gets cancelled and have to reapply [I Know of one mother who had greif like that… Four times! in two months] and then this nice little new addition pops up.

      IDS is in cloud cookoo land when Legions of working mums get affected by this stupidity – especially with the new addition of “if you do less than 16/25 hours a week and get tax credits, you’ll be invited in to be told to get another job on top or lose the Tax Credits – “Full time work is not just an Aspiration its a necessity…”

  7. Michele Witchy Eve March 8, 2015 at 8:23 pm - Reply

    Has a time limit been put on Mandatory Reconsiderations yet or is it still an undefined period as originally introduced?

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